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1 - 10 of 31 (0.30 seconds)The Code of Criminal Procedure, 1973
The Protection of Children from Sexual Offences Act, 2012
Rajaram Prasad Yadav vs State Of Bihar & Anr on 4 July, 2013
"10. It needs hardly any emphasis that the
discretionary powers like those under Section
311 CrPC are essentially intended to ensure that
every necessary and appropriate measure is
taken by the Court to keep the record straight
and to clear any ambiguity insofar as the
evidence is concerned as also to ensure that no
prejudice is caused to anyone. The principles
underlying Section 311 CrPC and amplitude of
the powers of the court thereunder have been
explained by this Court in several decisions
[Vide Mohanlal Shamji Soni v. Union of India,
1991 Supp (1) SCC 271 : 1991 SCC (Cri) 595;
Zahira Habibulla H. Sheikh v. State of Gujarat,
(2004) 4 SCC 158 : 2004 SCC (Cri) 999; Mina
Lalita Baruwa v. State of Orissa, (2013) 16 SCC
173 : (2014) 6 SCC (Cri) 218; Rajaram Prasad
Yadav v. State of Bihar, (2013) 14 SCC 461 :
(2014) 4 SCC (Cri) 256 and Natasha Singh v.
Section 6 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Natasha Singh vs Cbi (State) on 8 May, 2013
In Natasha Singh v. CBI [Natasha Singh
v. CBI, (2013) 5 SCC 741 : (2013) 4 SCC (Cri)
828], though the application for examination of
witnesses was filed by the accused but, on the
principles relating to the exercise of powers
under Section 311, this Court observed, inter
alia, as under : (SCC pp. 746 & 748-49, paras 8
& 15)
"8. Section 311 CrPC empowers the
court to summon a material witness, or to
examine a person present at "any stage" of
Swapan Kumar Chatterjee vs Central Bureau Of Investigation on 4 January, 2019
(2019) 4 SCC (Cri) 839] are as under: (Swapan
Kumar Chatterjee case [Swapan Kumar Chatterjee
v. CBI, (2019) 14 SCC 328 : (2019) 4 SCC (Cri)
839] , SCC p. 331, paras 10-11)
"10. The first part of this section which is
permissive gives purely discretionary authority
to the criminal court and enables it at any
stage of inquiry, trial or other proceedings
under the Code to act in one of the three
ways, namely, (i) to summon any person as a
witness; or (ii) to examine any person in
attendance, though not summoned as a
witness; or (iii) to recall and re-examine any
person already examined. The second part,
which is mandatory, imposes an obligation on
the court (i) to summon and examine, or (ii)
to recall and re-examine any such person if
his evidence appears to be essential to the
just decision of the case.